Common use of Amendment of Rights Clause in Contracts

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding shares representing and/or exercisable into a majority of all the Registration Securities. Any amendment or waiver effected in accordance with this subsection 8(b) shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 2 hereof, only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesInvestor Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this subsection 8(b) Section shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 2 hereof, only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this subsection 8(b) Section 6.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any the Holders of their permitted successors or assigns) holding shares representing and/or exercisable into a majority of the outstanding shares of Series A Stock issued under the Series A Agreement plus all then outstanding shares of Common Stock issued upon the Registration Securitiesconversion of any shares of Series A Stock issued under the Series A Agreement. Any amendment or waiver effected in accordance with this subsection 8(b) Section 4.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such the Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any Holders of their permitted successors or assigns) holding shares representing and/or exercisable into a majority of all Registrable Securities then outstanding; provided, however, that in the Registration Securitiesevent of a subsequent closing, as provided in Section 1.2(c) of the Purchase Agreement, the Company may amend Exhibit A and add new parties to this Agreement without such consent. Any amendment or of waiver effected in accordance with this subsection 8(b) Section 6.3 shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and ------------------- the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors (and/or any of their permitted successors or assigns) holding shares representing and/or exercisable into a majority of all the Registration Securities. Any amendment or waiver effected in accordance with this subsection 8(b) shall be binding upon each Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 2 hereof, only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding and entitled to the registration rights set forth in Section 2 hereof. Any amendment or waiver effected in accordance with this subsection 8(b) Section 5.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 3 hereof, only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding and entitled to the registration rights set forth in Section 3 hereof. Any amendment or waiver effected in accordance with this subsection 8(b) Section 9.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 2 hereof, only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding). Any amendment or waiver effected in accordance with this subsection 8(b) Section 8.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended ------------------- and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 2 hereof only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding and entitled to the registra tion rights set forth in Section 2 hereof). Any amendment or waiver effected in accordance with this subsection 8(b) Section 3.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Investors Investor (and/or or, in the case of an amendment or waiver of any provision of their permitted successors or assigns) holding shares representing and/or exercisable into Section 3 hereof), only with the written consent of the Company and the Holders of a majority of all the Registration SecuritiesRegistrable Securities then outstanding and entitled to the registration rights set forth in Section 3 hereof. Any amendment or waiver effected in accordance with this subsection 8(b) Section 6.2 shall be binding upon each the Investor, each Holder, each permitted successor or assignee of such Investor or Holder and the Company.

Amendment of Rights. Any provision of this Agreement may be amended and the observance thereof may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Investors (and/or any of their permitted successors or assigns) holding shares representing and/or exercisable into a majority of all the Registration Securitiesoutstanding shares of Series B Preferred and a majority of the outstanding Warrants (including for each purpose any Conversion Shares or Warrant Shares). Any amendment or waiver effected in accordance with this subsection 8(b) shall Section 2.2 will be binding upon each the Investor, each Holder, each permitted successor or assignee of such the Investor or such Holder and the Company. PURVI1#149; GENERAL PROVISIONS.